Obligations under I-864 after failure to file I-751

[Mollie09 1,543]

20 hours ago, NikV said:

If he gets a new passport, it might be tough for CBP to link his passport to an existing abandoned GC account. but yes, they may be able to find it.

 

He can not file I-751 after his green card expired. I-751 has a window for filing and that expired for your ex.

An "abandoned GC account"? No, it's really easy to link new passports to old passports to USCIS petitions.

[NikV 44]

22 minutes ago, EM_Vandaveer said:

Divorce or re-marriage does NOT stop the I-864 obligations.

you are right. I just looked it up. Its a binding contract. I looked it up on USCIS website. I think in OP's case once her ex is no-longer a LPR and is outside of united states, she may not be obligated. Thanks for enlightening me

https://www.uscis.gov/greencard/affidavit-support

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.

[caligirl334 1]

12 minutes ago, NikV said:

you are right. I just looked it up. Its a binding contract. I looked it up on USCIS website. I think in OP's case once her ex is no-longer a LPR and is outside of united states, she may not be obligated. Thanks for enlightening me

https://www.uscis.gov/greencard/affidavit-support

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.

I understand all of this. I know divorce or remarriage does not end the affidavit of support, I was well aware of the consequences before I signed it. 

 

My question is not about the divorce my question is that he permanently moved to another country and has not returned to the US. Even if we were still married and he did that he would lose his LPR status, correct? You can’t live outside the US and never return and keep your status as an LPR.

Edited January 16, 2019 by caligirl334
Typo

[caligirl334 1]

39 minutes ago, EM_Vandaveer said:

Divorce or re-marriage does NOT stop the I-864 obligations.

Again, not asking if divorce or remarriage ends the I-864, asking if moving permanently outside the US and not returning does, because he should lose his green card because he doesn’t live in the US and has no ties to the US.

[Mollie09 1,543]

3 minutes ago, caligirl334 said:

Again, not asking if divorce or remarriage ends the I-864, asking if moving permanently outside the US and not returning does, because he should lose his green card because he doesn’t live in the US and has no ties to the US.

There are ways to resurrect his green card. There's the SB-1, filing the I-751 late, etc. but those are not very likely. But if they do happen, you're still in the hook, so nobody can tell you you're off the hook definitively.

[caligirl334 1]

12 minutes ago, Mollie09 said:

There are ways to resurrect his green card. There's the SB-1, filing the I-751 late, etc. but those are not very likely. But if they do happen, you're still in the hook, so nobody can tell you you're off the hook definitively.

Thank you. This was my suspicion. I’ve read posts where people have filed the I-751 ten years after their GC expired and it was all fine. I wonder why anyone is so worried about abandonment when there are always ways to get it back.

[Boiler 46,109]

2 minutes ago, caligirl334 said:

Thank you. This was my suspicion. I’ve read posts where people have filed the I-751 ten years after their GC expired and it was all fine. I wonder why anyone is so worried about abandonment when there are always ways to get it back.

Abandonment is a very complicated area of Immigration Law, you will come across some odd cases where somebody has been able to retain their FC, not sure I would say it was normal.

 

GC is just evidence of your status, filing and still here after 10 years may be one thing, having left another.

[Mollie09 1,543]

11 minutes ago, caligirl334 said:

Thank you. This was my suspicion. I’ve read posts where people have filed the I-751 ten years after their GC expired and it was all fine. I wonder why anyone is so worried about abandonment when there are always ways to get it back.

Because it's very difficult in most cases to get it back, especially after an extended period of time. But it's possible.

[caligirl334 1]

18 minutes ago, Mollie09 said:

Because it's very difficult in most cases to get it back, especially after an extended period of time. But it's possible.

For sure, thanks for all of your help. I don’t anticipate that he will ever come back on his GC but I’ll always be looking over my shoulder.

[Mollie09 1,543]

4 minutes ago, caligirl334 said:

For sure, thanks for all of your help. I don’t anticipate that he will ever come back on his GC but I’ll always be looking over my shoulder.

Short of having him officially surrender his permanent residency, unfortunately you'll have that hanging over your head for a while, but with decreasing likelihood of it being an issue.

[caligirl334 1]

4 minutes ago, Mollie09 said:

Short of having him officially surrender his permanent residency, unfortunately you'll have that hanging over your head for a while, but with decreasing likelihood of it being an issue.

I agree. Also, even if he did officially surrender it, and signed and filed the I-407, I would never know about it. It’s not like USCIS would send me a copy so I guess I will just never know.

[Mollie09 1,543]

3 minutes ago, caligirl334 said:

I agree. Also, even if he did officially surrender it, and signed and filed the I-407, I would never know about it. It’s not like USCIS would send me a copy so I guess I will just never know.

I know, it's strange. My ex is still on the hook for the I-864 until I apply for citizenship, which is soon, but he'll never know it happened either.

[NikV 44]

1 hour ago, Mollie09 said:

There are ways to resurrect his green card. There's the SB-1, filing the I-751 late, etc. but those are not very likely. But if they do happen, you're still in the hook, so nobody can tell you you're off the hook definitively.

This right here is the key issue. No one knows if he would be considered out of status or not if he tries to return back. I learned something new on this forum. 

[mindthegap 2,605]

2 hours ago, caligirl334 said:

My question is not about the divorce my question is that he permanently moved to another country and has not returned to the US. Even if we were still married and he did that he would lose his LPR status, correct? You can’t live outside the US and never return and keep your status as an LPR.

 

The only way you lose your status as a LPR is by filing a 407, or a final order by an immigration judge.

There are other presumed losses of LPR status - such as staying out of the US for an extended period and other things, but it remains the case that they are not final until an order by a judge. A CBP officer cannot strip someones LPR status. 

Even when in removal proceedings you are still entitled to proof of LPR status (a stamp) and have rights as a LPR until a judge determines otherwise.

 

 

Bottom line: until he dies, ceases to be a LPR, becomes a citizen, or accumulates the required quarters of work, the I-864 you signed remains valid.

 

 

 

 

There is also no such thing as a 'late' filed I-751 with a divorce waiver. You are permitted to file a waiver 751 (or multiple I-751s) at any time between your 'resident since' date and a final order of removal by an immigration judge, which can take years.

You do not have to request this, or give a valid reason for late filing, as you do with a late jointly filed 751 outside of the 90 day window. 

 

 

 

Edited January 16, 2019 by mindthegap

[caligirl334 1]

21 minutes ago, mindthegap said:

 

The only way you lose your status as a LPR is by filing a 407, or a final order by an immigration judge.

There are other presumed losses of LPR status - such as staying out of the US for an extended period and other things, but it remains the case that they are not final until an order by a judge. A CBP officer cannot strip someones LPR status. 

Even when in removal proceedings you are still entitled to proof of LPR status (a stamp) and have rights as a LPR until a judge determines otherwise.

 

 

Bottom line: until he dies, ceases to be a LPR, becomes a citizen, or accumulates the required quarters of work, the I-864 you signed remains valid.

 

 

 

 

There is also no such thing as a 'late' filed I-751 with a divorce waiver. You are permitted to file a waiver 751 (or multiple I-751s) at any time between your 'resident since' date and a final order of removal by an immigration judge, which can take years.

You do not have to request this, or give a valid reason for late filing, as you do with a late jointly filed 751 outside of the 90 day window. 

 

 

 

Thanks for this, this is what I suspected initially. I’ll continue to do my job and file my I-865 forever. 

 

I just find it so interesting that you can renew your GC essentially whenever after doing whatever, he could file that I-751 in ten years and come and live in the US as an LPR, I mean that’s useful for him but it’s just really interesting.